Background note on the Osman case
1.
Mr Osman is the subject of an extradition request made by the Government of Hong Kong under the Fugitive Offenders Act 1967, since replaced in almost identical form by the Extradition Act 1989. This is a case which continues to attract public interest because of the concern about the length of time Mr Osman has been in custody awaiting extradition. Mr Osman faces numerous serious charges in Hong Kong involving conspiracy to defraud, conspiracy to steal, bribery, theft and fraudulent false accounting arising out of dealings amounting to approximately US$800 million of a deposit taking company, which was a subsidiary of a major Malaysian Bank. Mr Osman was a director of both the Bank and its subsidiary. In support of their request, the Hong Kong Government submitted over 30,000 pages of evidence.
2. On 1 June 1987 after a hearing lasting 66 working days, Mr Osman was committed to custody by the Chief Metropolitan Stipendiary Magistrate for surrender. Under the Fugitive Offenders Act, the Secretary of State must wait for a period of 15 days before surrender, during which time the fugitive may appeal by way of an application for a writ of habeas corpus. The Secretary of State cannot surrender the fugitive while the appeal proceedings are pending. Four such applications and subsequent appeals to the House of Lords have been made by Mr Osman. All have failed.
3. In the first habeas corpus application, made on 10 June 1987, Mr Osman challenged the jurisdiction of the Hong Kong courts to proceed against him and the sufficiency of the evidence. On 30 March 1988, after hearings occupying 19 days, of which submissions by Mr Osman's counsel took approximately two thirds of the time, the Divisional Court held that there was ample evidence against him and upheld
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